Thursday, May 5, 2011

time limit for lodging complaint under RTI Act : 3 years from the time when the right to apply accrues


I would like to the notice to all that there is a time limit for lodging complaint under RTI Act and the same is 3 years.

There is limitation act that provides the period of limitations for approaching the courts, judicial or quasi judicial authority for the recourse against certain acts.

Section 29 (2) of the Limitation Act 1963 says:

Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any sit, appeal or application by any special or local law, the provisions contained in section 5 to 24 (inclusive shall apply only in so far, as and to the extent to which, they are not expressly excluded by such special or local law.”

Article 137 of the Part II of the Third Division with respect to application says:

Any other application for which no period of limitation is provided elsewhere in this Division. Would be Three years starting from the time when the right to apply accrues.

Further clause (b) of the section 2 says: [ "application" includes a petitions].

Application means a written request praying to the authority some relief(s).

Schedule: Division III:-Applications
Part II- Other applications

SL. NO.
DESCRIPTION OF applications

PERIOD OF LIMITATION
TIME FROM WHICH PERIOD BEGINS TO RUN
137.
Any other application for which no period of limitation is provided elsewhere in this Division.
Three years
When the righ

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